Local Government (Public Health Emergency) Amendment Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. D.W. RIDGWAY (Minister for Trade and Investment) (16:05): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading it.

Leave granted.

The Local Government (Public Health Emergency) Amendment Bill 2020 (the Bill) will amend the Local Government Act 1999 (the Act) to allow the Minister to make a notice that varies or suspends the operation of specified provisions of the Act during a public health emergency to allow councils to continue to operate and make critical decisions.

As all Members know, we are now facing an unprecedented public health emergency.

Like Federal and State Government, councils are now planning how they must operate during the COVID-19 public health emergency. It's critical that they do, so that they can continue to provide the essential services that our communities rely on. It's also critical that the State Government take the steps that are necessary to support councils to continue to operate, and make the decisions that are so vital to our local communities.

One important action that we need to take care of is to simply ensure that councils can continue to meet and make critical decisions. This Bill proposes to give the Minister a power to make notices that vary or suspend the operation of specific provisions of the Act, to allow councils to continue to operate and make critical decisions in a public health emergency.

Councils are rightly concerned that public health measures, such as requirements for people to self-isolate, or restrictions on gatherings, may prevent council meetings from meeting quorum requirements under the Act, and therefore prevent critical decisions being made.

This concern is generated by the fact that the Act requires council members to attend ordinary and special meetings of council in person. While members of council committees and subsidiaries can participate in meetings through electronic means, this is not available to council meetings, to ensure both the highest integrity of council decisions and accountability and transparency of council activities. However, in a public health emergency, our priorities must be balanced.

I therefore propose that, if this Bill is passed by Parliament, after the commencement of the new powers, I will immediately make a notice to allow council members to participate in council meetings through electronic means, and make necessary variations to other meeting procedures to enable this.

I am also aware that it is possible that while this initial notice would be made to ensure that councils can meet quorum requirements, a situation may arise where a council or a number of councils cannot make quorum due to illness or other circumstances related to the public health emergency.

As the Bill allows for the Minister to make a notice varying or suspending the operation of any provisions of the Act, I would consider making a notice to allow councils to make decisions inquorate, if absolutely necessary. I expect that a notice to this effect would only be made in exceptional circumstances where a council's ability to form quorum has been affected by illness, and critical decisions must be made, particularly decisions that, under the Act, councils cannot delegate to a chief executive officer or other body.

I am also aware that councils have raised concerns regarding their ability to comply with provisions of the Act that require council meetings to be open to the public or to hold public meetings as part of required community engagement, if restrictions on gatherings are in place to protect public health. It's not reasonable to expect councils to prioritise compliance with these provisions ahead of public health at this critical time.

However, the proposed amendments would allow this matter—or any other that may arise through a rapidly evolving public health crisis—to be addressed through a notice, if it is reasonably necessary. It will be possible to vary or suspend the operation of any part of the Act as necessary to address public health concerns, or to support councils to continue operating as effectively as possible.

I am aware that I am asking Members to consider granting the Minister a very wide-ranging power. This is why the Bill includes several critical restraints to ensure that it strikes a balance between assisting councils and their communities in a responsive and timely fashion while ensuring that this power is used appropriately.

The first of these measures is that the Minister will only have the power to make a notice when a public health emergency has been declared under s 87 of the South Australian Public Health Act 2011. The Bill does allow for a circumstance where a public health emergency has been superseded by a declaration under the Emergency Management Act 2004, however, a notice cannot be made until a public health emergency has been declared.

Secondly, while a notice may specify a period for which it is in effect, it is important to note that all notices cease to have effect 28 days after the cessation of all declarations relating to the emergency to which the notice relates. Therefore, it will not be possible for a Minister to make a notice that has longer-term impacts on the operation of the Act.

The Bill also allows for notices to be disallowed by Parliament, under the Subordinate Legislation Act 1978. This will ensure the proper scrutiny, and if necessary, change, of any notice made by the Minister. The Minister will also be required to consult with the Local Government Association before making any notice, and cannot make a notice that imposes restrictions or limitations on the power of a council to impose rates and charges in land within its area.

Finally, the notice can also include conditions that councils must comply with. I expect that these can be used to protect the openness and accountability of council decisions, if necessary.

I emphasise that this Bill is before Members for one reason—to enable councils to continue to operate effectively and make critical decisions during periods of public health emergencies.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of Local Government Act 1999

3—Insertion of section 302B

This clause inserts a new section in the Act allowing the Minister, by notice, to vary or suspend the operation of provisions of the Act if that is reasonably necessary in response to an emergency that has been declared as a public health emergency (whether or not that is subsequently also declared under the Emergency Management Act 2004). The notice may apply to specified councils, or classes of councils, or to all councils and may operate subject to conditions. The notice is disallowable and may operate for up to 28 days after the end of the period of the declared emergency, provided that the variation or suspension of the specified provisions remains reasonably necessary as a result of the declared emergency. The section also contains a sunset provision and a review requirement.

Debate adjourned on motion of Hon. I.K. Hunter.